]]>https://www.globalworkplaceinsider.com/2020/05/fin-des-classes-aide-relative-a-la-pandemie-pour-les-etudiants-les-jeunes-et-les-employeurs/feed/0School’s out for summer: Pandemic assistance for students, youth and employershttps://www.globalworkplaceinsider.com/2020/05/schools-out-for-summer-pandemic-assistance-for-students-youth-and-employers/
https://www.globalworkplaceinsider.com/2020/05/schools-out-for-summer-pandemic-assistance-for-students-youth-and-employers/#respondWed, 20 May 2020 15:02:54 +0000https://www.globalworkplaceinsider.com/?p=8004Continue reading]]>Many students in Canada rely on summer jobs to generate income between semesters of high school or post-secondary education. However, students completing their studies this academic year may find it challenging to secure steady employment during the summer months.

Canada Summer Jobs Program

The Canada Summer Jobs Program (CSJ) program provides subsidies to employers with less than 50 employees in order to create quality summer work experiences for youth aged 15 to 30 years, and who are legally entitled to work in Canada. The COVID-19 pandemic has had an impact on both CSJ job-seekers and the employers that typically hire them. To curb the pandemic’s impact on both employers and job-seekers, the federal government has implemented measures to assist.

As of now, temporary flexibilities have been introduced and are already in place for employers who are approved for funding during the 2020 summer months (employers wishing to apply for funding for this summer must have done so by February 28, 2020) from the CSJ Program. Employers should further note:

Subsidy Amounts: Previously, under the CSJ Program, participating employers in the public and private sector were eligible for reimbursement of only 50% of the minimum wage. However, under current circumstances, all funded employers are eligible to receive 100%.

Position Status: Under normal circumstances, all jobs offered by participating employers are required to be full time. In light of COVID-19, the temporary flexibilities now allow for part-time jobs as well.

Employment period: Previously, jobs must have been completed by the end of August, but the temporary flexibilities now allow for work to take place between May 11, 2020, and February 28, 2021.

Job Activities: This summer, employers are permitted to make changes to project and job activities. For example, offering employees the opportunity to work remotely.

Canada Emergency Student Benefit

The Canada Emergency Student Benefit (CESB) is for post-secondary students, recent post-secondary graduates, and graduating high school students, who are unable to work, or cannot find work due to COVID-19. Moreover, in order to be considered for the CESB, applicants must declare that they are not eligible for the Canadian Emergency Relief Benefit (CERB) or EI benefits during the applicable period. The periods of eligibility fall between May 10, 2020 and August 29, 2020.

Those in the above-mentioned groups wishing to collect the CESB must apply through the Canada Revenue Agency’s website prior to September 30, 2020.

The payment is $1250 per four week period, with the potential for a $750 top-up for those applicants who are disabled or who have a child under 12 years of age, or a dependant older than 12 but who is disabled and completely dependent on the applicant. In order to be eligible, students must be enrolled in or have recently graduated from a post-secondary program, and be actively looking for work in Canada.

We will keep you updated if any new information is released by the federal government.

The author would like to thank Catherine Cliff, articling student, for her assistance in preparing this piece.

]]>https://www.globalworkplaceinsider.com/2020/05/les-droits-religieux-et-le-port-des-equipements-de-protection/feed/0Religious rights and wearing protective equipmenthttps://www.globalworkplaceinsider.com/2020/05/religious-rights-and-wearing-protective-equipment/
https://www.globalworkplaceinsider.com/2020/05/religious-rights-and-wearing-protective-equipment/#respondTue, 19 May 2020 17:00:29 +0000https://www.globalworkplaceinsider.com/?p=8017Continue reading]]>During this pandemic, certain employers will consider adopting a policy on using personal protective equipment, such as gowns, gloves, masks or even facial protection. For certain people, adopting such a policy may have the effect of encroaching on their religious rights and protecting their own health and safety or that of other workers. In such a situation, can a worker be exempted from a policy requiring that this type of gear be worn?

Singh c Montréal Gateway Terminals Partnership

The Quebec Court of Appeal rendered its ruling on this matter last fall in Singh c. Montréal Gateway Terminals Partnership[1].

According to the facts in this case, the employer had implemented a policy requiring, in particular, that truck drivers wear a protective helmet when circulating outside the trucks, to deliver and pick up containers.

Truck drivers of the Sikh faith who wear turbans appealed to the court, requesting exemption from this policy.

The Superior Court concluded that the policy was discriminatory because it breached Sikh truck drivers’ right to religious freedom, but that this breach was justified. The primary objective was to ensure the safety of the workers and it was necessary to implement such a policy.

The Court of Appeal, having to determine, inter alia, if the breach of the right to religious freedom was proportionate to the purpose of the policy and if it constituted a minimal breach of that freedom, upheld the Superior Court’s decision. More specifically, the Court of Appeal reached the following conclusions:

The Superior Court was well founded in its conclusion of the existence of a rational connection between the policy and the objective sought by the employer. It emphasizes that this situation must be differentiated from the Multani[2] decision (in which a policy prohibiting the wearing of a kirpan was in issue), particularly due to the risk of injury to the head that was not just theoretical, but real;

The evidence presented at trial supported the finding that the policy minimally compromised the religious freedom of truck drivers of the Sikh faith, particularly due to the brief period spent outside the trucks, wearing the protective helmet, the industrial environment in which the employer was operating, the legal framework to which the parties were subject in terms of occupational health and safety or even the attempt to accommodate, which had already been made;

The trial judge did not commit a reviewable error in the weighting of the harmful and beneficial effects, because the objective of safe workplaces prevailed over the temporary adverse impacts on the religious freedom of truck drivers of the Sikh faith.

Following this decision by the Court of Appeal, the Supreme Court of Canada dismissed, on April 30, the leave application, thus putting an end to the case[3].

Takeaways

Although the decisions handed down in this case were not in the context of the current pandemic, the principles of interpretation discussed by the Court of Appeal in its decision will make it possible to determine within what limits employers can impose wearing various protective equipment.

It is important to bear in mind that the employer must have a real concern as to the health or the safety of the employees in its facilities when it decides to adopt a policy likely to breach fundamental rights and that the protective measures must achieve a clear objective and be necessary to achieve that objective.

[1] 2019 QCCA 1494.

[2] Multani v Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6.

[3] Case 38916 (SCC).

]]>https://www.globalworkplaceinsider.com/2020/05/religious-rights-and-wearing-protective-equipment/feed/0Ontario: Paying employees for the Victoria Day Holiday during the pandemichttps://www.globalworkplaceinsider.com/2020/05/ontario-paying-employees-for-the-victoria-day-holiday-during-the-pandemic/
https://www.globalworkplaceinsider.com/2020/05/ontario-paying-employees-for-the-victoria-day-holiday-during-the-pandemic/#respondFri, 15 May 2020 18:00:33 +0000https://www.globalworkplaceinsider.com/?p=7989Continue reading]]>Monday May 18, is Victoria Day (Journée nationale des patriotes, or National Patriot’s Day, in Quebec); a holiday which most employees are entitled to take off and receive public holiday pay. The COVID-19 pandemic has resulted in emergency leaves, temporary layoffs and reduced schedules. As a result, some may have lost track of upcoming long weekends and public holiday pay requirements. Below is a refresher on employee entitlement to public holiday pay in Ontario and how to calculate pay for employees who’s employment has been affected by COVID-19.

Public Holiday Pay

Generally, employees qualify for public holiday pay on Victoria Day if they have worked all of their last regularly scheduled workday before the public holiday or all of their first regularly scheduled workday after the public holiday, or have reasonable cause not to have not done so. This means that some employees whose work has been affected by COVID-19, will still be entitled to the public holiday pay for Victoria Day.

For example, an employee might not be scheduled to work the day right before or after the holiday. As long as the employee works all of their last regularly scheduled shift before the holiday and all of the first one after it, or has reasonable cause for not doing so, they will be entitled to public holiday pay.

Employees on Leave or Layoff

Employees may be entitled to public holiday pay while on leave, including a protected leave related to COVID-19, such a declared emergency leave. If the employee worked the last regularly scheduled day of work before the leave, and the first regularly scheduled day of work after the leave, or has reasonable cause for failing to do so, he or she will be entitled to the paid public holiday.

Similarly, an employee on layoff may be entitled to public holiday pay for a public holiday that occurred while they were laid off as long as he or she works their last regularly scheduled day before the lay off began and her first regularly scheduled day after being recalled, or has reasonable cause for failing to do so, they will be paid for the public holiday.

Calculation of Public Holiday Pay

Despite being entitled to public holiday pay, depending on when the employee took leave or was laid off, the calculation may still result in no payment. Holiday pay is calculated using the regular wages earned by the employee in the four work weeks before the week with the public holiday, plus all of the vacation pay payable during those four work weeks before week with the public holiday, divided by 20.

So, if the employee has spent more than four weeks without wages or vacation pay before the week of Victoria day, the amount of holiday pay collected will be $0. Employment Insurance benefits received during a leave or layoff do not count as wages, and thus will not be counted in the calculation of public holiday pay.

Employees with Reduced Hours

Employees who have reduced hours of work due to COVID- 19 are still eligible for public holiday pay. Specifically, if the employer has agreed to or imposed a reduced work schedule, and the employee works the full reduced shift before the holiday, they will qualify. However, as with leaves and layoffs, employees must have earned wages or vacation pay in the four work weeks before the public holiday, otherwise the amount to which they are entitled will be $0.

Victoria Day, this Year

For many, the May long weekend traditionally means getting the yard and garden ready for summer, and/or spending time with family and friends. However, for many, getting together with loved ones, and shopping for summer goods in the stores may be challenging or not possible. As the long weekend approaches, it is important to remember to socially distance and observe all guidance provided by government authorities. On that note, we wish you a safe and healthy long weekend.

]]>https://www.globalworkplaceinsider.com/2020/05/la-gestion-des-travailleurs-qui-refusent-de-travailler-en-raison-de-la-pandemie-au-quebec/feed/0From Suits to Sweatpants: Employer’s Obligations to Employees Working From Homehttps://www.globalworkplaceinsider.com/2020/05/from-suits-to-sweatpants-employers-obligations-to-employees-working-from-home/
https://www.globalworkplaceinsider.com/2020/05/from-suits-to-sweatpants-employers-obligations-to-employees-working-from-home/#respondTue, 05 May 2020 20:01:29 +0000https://www.globalworkplaceinsider.com/?p=7992Continue reading]]>Due to COVID-19, many employers have been thrown head-first into working-from-home (WFM) arrangements for some, if not all, of their workforce. It is important that employers ensure they are meeting their obligations in these circumstances, including occupational health & safety (OHS) responsibilities and business cost reimbursement, in order to avoid liability.

Health & Safety

In WFH arrangements, the employee’s home workspace becomes an extension of the workplace and is subject to OHS legislation. An employer cannot delegate its obligation to provide a safe working environment to its employees. If an employee is injured while working at home, then the employer may be held accountable regardless of what the employee has represented about their workspace.

While ideally employers would conduct home safety inspections, alternatives include requiring employees to fill out a hazard assessment checklist and/or conducting an inspection via video conferencing.

An important part of the inspection process is for employers to assess and mitigate risks of musculoskeletal injuries (typically caused by ill-fitted equipment or harmful posture). While mitigation does not mean that employers are required to purchase office equipment for each employee to use at home, employers should provide practical tips on how to set up ergonomic work stations to prevent injuries. However, any employee requests for specialized equipment should be considered by employers on a case-by-case basis as a refusal could potentially result in OHS or human rights issues.

Further, employers are required to have a check-in system for employees who are working alone. Employers must regularly check-in with employees during their shift, including at the end of each shift, and record the results of these check-ins. Employers must also implement a procedure in the event the employee cannot be contacted, including a procedure for handling an emergency situation.

Business Costs

Under BC’s employment standards legislation, employers must not require an employee to pay for business costs. An employee may incur expenses as a result of WFH that they would not have normally incurred in connection with their home – for example, costs of long distance calls, software, or additional internet usage. These are likely business costs which must be borne by the employer to the extent related to employment use. However, a portion of an employee’s rent would not be considered a business cost under most circumstances.

Employers should be cautious about what employees are expected to pay for while working from home, and should consider reimbursement requests received on a case-by-case basis.

Take-aways

WFH arrangements can create additional complications as the employer has far less control over the workplace. Employers whose employees are working from home should consider:

Implementing a basic policy for WFH arrangements dealing with health and safety, equipment, and business expenses;

Ensuring employees are aware of how they can report work-related injuries;

Having employees conduct a risk assessment of their workspace and report any hazards;

Providing ergonomic tips for home work stations;

Checking in with employees in accordance with OHS guidelines; and

Ensuring employees are aware of expense reimbursement policies and procedures.

For further information, please see the following WorkSafeBC resources:

Part I of our COVID-19 (coronavirus) webinar series, where we discussed some of the main legal issues and risk management measures that businesses should be thinking about as they meet this global challenge